RAJNI Vs. RAMESH AND ANOTHER

JUDGEMENT

(1.) What does constitute, a wife treating her husband with cruelty as contemplated under Sec. 13(1) (1) (a) of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act'), is a question posed by the appellant in this appeal while assailing the judgment and decree of the appellate Court, reversing thereunder the judgment and decree of the trial Court dismissing the petition presented by the husband, claiming dissolution of the marriage by a decree of divorce.

(2.) The appellant Rajni and respondent Ramesh, after solemnisation of the marriage on 29-5-1970 at Wardha, lived for sometime at Godnpipri, district Chandrapur where Ramesh was serving as a Medical Officer. Rajni thereafter continued to stay at Wardha at the place of her parents. On 18-4-1971 she was blessed with a daughter Suvarna. Rajni did not return to Gondpipri and continued her stay at Wardha.

(3.) The respondent Ramesh on 25-4-1972 initiated proceedings under Sec. 9 of the Act claiming restitution of conjugal rights. However, during the pendency of the proceedings, the parties resolved the dispute and on 12-4-1973 recorded the compromise. Rajni thereupon joined the company of Ramesh at Gondpipri along with her 2 years daughter Suvarna. She stayed there upto 24-9-1973 and left along with her father-respondent No. 2 for Wardha.